NYC Third-Party Claims Attorney

At Richman Law Firm PLLC, we understand the risks and dangers inherent in the construction industry. Every day, hardworking individuals face hazardous conditions that can lead to severe injuries or even wrongful death. When these unfortunate incidents occur, you need a legal ally who understands the complexities of New York construction law and can guide you through the process of seeking justice and compensation.

Whether you’ve been injured from a fall from heights, falling debris, equipment-related accidents, or building collapses, we know the ins and outs of negligence, premises liability, OSHA violations, and contractual obligations. You don’t have to face the legal challenges of a construction accident alone. Contact Richman Law Firm PLLC today for a free initial consultation.

How Third-Party Claims Work in Construction

Unfortunately, accidents and injuries are all too common in the construction industry. When these incidents occur, workers may initially believe their only option is workers’ compensation. However, in many cases, a third-party injury claim can provide additional avenues for recovery.

A third-party claim is a legal action taken by an injured worker against a party other than their employer. This could be a subcontractor, equipment manufacturer, property owner, or any other entity whose negligence contributed to the accident. These claims are separate from, and can be pursued in addition to, workers’ compensation claims.

Recoverable Damages in Third-Party Claims

When you’ve been injured on a construction site due to the negligence of a third party, you may be entitled to compensation beyond what workers’ compensation provides. In a third-party lawsuit, you can seek damages for:

Medical Expenses: This includes costs for hospital stays, surgeries, medication, physical therapy, and any future expenses you may incur as a result of your injuries.

Lost Wages: If your injury prevents you from working, either temporarily or permanently, you can seek compensation for the wages you’ve lost and those you will lose in the future.

Pain and Suffering: This is compensation for the physical pain and emotional distress caused by your injuries.

Loss of Enjoyment of Life: If your injuries have affected your ability to enjoy daily activities or hobbies, you may be entitled to this type of compensation.

Liability in Third-Party Construction Claims

Identifying liability in construction accidents can be complex due to the number of parties involved in a typical project. However, when a third party’s negligence or recklessness leads to an injury, they may be held accountable through a third-party claim.

Product Liability

Manufacturers have a duty to ensure their products are safe for use. The manufacturer could be held liable if defective machinery causes a workplace accident. This also applies to safety equipment. If a hard hat, harness, or other protective gear fails to perform as expected, resulting in an injury, the manufacturer could be subject to a product liability claim.

Negligence

Negligence is a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. In the context of construction accidents, this could involve a subcontractor failing to adhere to safety protocols, an architect designing an unsafe structure, or a property owner failing to warn of known hazards on the site. In these cases, the negligent party could be held liable.

Premises Liability

Property owners have a responsibility to maintain safe conditions on their premises. If they fail to do so and a worker is injured as a result, they could be held liable under premises liability law. This could involve failing to secure loose materials that fall and cause injury or not providing adequate safety measures for workers.

OSHA Violations

The Occupational Safety and Health Administration (OSHA) sets regulations designed to protect workers’ safety. Violations of these regulations can lead to severe injuries or death. If a third party contributes to a workplace accident by violating OSHA, they could be liable.

Contractual Obligations

Construction contracts often outline safety responsibilities and standards. If a party fails to meet its contractual obligations and an injury occurs as a result, it could be held liable in a third-party claim. This could involve a subcontractor failing to adhere to the safety protocols outlined in its contract or an equipment rental company not providing machinery that meets the agreed safety standards.

Subrogation Claims

Subrogation is a legal principle that allows an insurance company to recover the amount it has paid for a claim from the party at fault.

In the context of construction accidents, if your workers’ compensation insurer pays for your medical bills and lost wages, they may have a right to recover those costs from the negligent third party.

At Richman Law Firm PLLC, we have extensive experience navigating the complexities of subrogation claims and can ensure your rights are protected throughout this process.

Common Causes Leading to Third-Party Claims

The construction industry is fraught with hazards, and despite strict safety protocols, accidents still occur. Here are some common accidents:

Falls from Heights

Falls from heights, such as scaffolding, ladders, or roofs, are a leading cause of injuries in the construction industry. If the fall was due to faulty equipment or a lack of appropriate safety measures, a third-party claim could be filed against the manufacturer or the entity responsible for site safety.

Falling Debris

Construction sites are often bustling with activity, and falling debris is a common hazard. Whether it’s materials being moved overhead or tools dropped from scaffolding, falling objects can cause serious injuries. If a third party was responsible for securing the site or the materials that caused the injury, they could be held liable through a third-party claim.

Equipment-Related Accidents

Construction sites are lined with heavy machinery and equipment, each with its own set of risks. Equipment-related accidents can occur due to faulty machinery, improper use, operator error, or lack of maintenance. If a third party, such as an equipment manufacturer or maintenance provider, is found to be at fault, they could be held accountable through a third-party claim.

Building Collapses

A building collapse is a catastrophic event that can result in severe injuries or even fatalities. These incidents can occur due to structural deficiencies, poor construction practices, or failure to adhere to safety regulations. If a third party, such as a subcontractor, architect, or engineer, is found responsible for the collapse, they could be subject to a third-party claim.

Hazardous Materials

Exposure to hazardous materials is another significant risk in the construction industry. Workers can come into contact with harmful substances like asbestos, lead, or toxic chemicals. If a third party failed to disclose the presence of these materials or did not provide adequate protection, they could be held liable through a third-party claim.

Contact Us for a Free Consultation

If you or a loved one has been injured in a construction accident, don’t hesitate to reach out to Richman Law Firm PLLC. We understand the complexities of construction law and have a proven track record in third-party claims. We believe in clear, open communication with our clients, and our team will keep you informed about the status of your case every step of the way. Contact us today for a free consultation.

Frequently Asked Questions

What is the difference between personal injury lawsuits and  third-party claims?

Personal injury lawsuits are typically filed against the party directly responsible for causing an injury. Third-party claims, on the other hand, are filed against an entity other than your employer that contributed to your injury while at work. This could be a product manufacturer, subcontractor, or property owner.

Can I pursue a third-party claim if I’m already pursuing a worker’s compensation claim?

Yes, you can pursue both simultaneously. A workers’ compensation claim provides benefits regardless of fault but may not cover all your losses. A third-party claim can provide additional compensation if another party’s negligence contributed to your injury.

What is the statute of limitations to file a third-party claim?

In New York, the statute of limitations for personal injury claims, including third-party claims, is generally three years from the date of the accident. However, certain circumstances can impact this timeline. It’s essential to consult an experienced attorney as soon as possible after your accident to ensure all claims are filed within the appropriate time frames.